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© Illinois State Bar Association High School Mock Trial Invitational 1

Illinois State Bar Association

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Illinois State Bar Association High School Mock Trial Invitational

Mock Trial Case

People of the State of Illinois v.

Taylor Cartwright

None of the characters in this case are real. Any similarity between these characters and living people is coincidental and unintentional.

This problem is based on a problem prepared by the South Carolina Bar Association’s Law-Related

Education Mock Trial Committee and is used with its generous permission.

Special thanks to ISBA staff personnel, the members and associate members of the ISBA’s Standing Committee on Law-Related Education for the Public, the Mock Trial Coordinator, Katy Karayannis, and

Deputy Coordinator, Kelsey Chetosky for their assistance in preparing the problem.

© Copyright 2016 Illinois State Bar Association


STATEMENT OF THE CASE

The Greek and honor societies at Lakeview University draw large numbers of students each year through their pledge process. Although honor societies choose members differently than traditional Greek organizations, there remains an honored ritual of pledge, acceptance, and initiation. Epsilon Sigma Epsilon (ESE) is no different in that regard. As a University-accredited honor society, it is co-ed. ESE engages primarily in service-related activities, although there is an optional pledge process and social events. ESE also has its own house due to a donation from an alumni member. ESE has the same traditional roles as other Greek societies, such as a chapter president, a vice president, a treasurer, a social chair, an education chair, and a pledge master.

Saturday, August 27, 2016, was the last day of the pledge week for the ESE pledges.

Throughout the week, pledges had participated in various activities commonly referred to as the Pledge Olympics. The final event that afternoon was described by other members as the most dreaded event – Water Jeopardy, a variant of the television show in which pledges had to demonstrate their knowledge about ESE and Lakeview University. Like on the television show, contestants provided answers in question form to answers that were projected on the wall. The difference was that instead of earning points for correct answers, the goal was to avoid drinking water from a row of five gallon water coolers placed along the wall. Several years ago, ESE developed this as an alternative to making pledges chug beer, which clearly violated University rules. The penalty for a wrong answer was to drink water for a time period that increased with the value of the question. Failure to put an answer in the form of a question necessitated an even longer drinking period. Pledges were told that they could not go to the bathroom while playing the game.

Jessica Bates was one of the pledges that participated in Water Jeopardy that day. During

the game, another pledge said she had learned in her nursing classes that drinking too much water was dangerous and she subsequently quit the game. While playing the game, Jessica consumed a large amount of water, collapsed, and appeared to have passed out. After efforts to rouse her were unsuccessful, someone called 911. Emergency Medical Services (EMS) and the Lakeview University Police responded. EMS found Jessica in an unresponsive state and transported her to the local hospital. She died within two hours of collapsing, without ever regaining consciousness. An autopsy indicated that she had died from a swollen brain stem caused by acute hyponatremia from overconsumption of water. After the police conducted an investigation, the pledge master in charge of the event, Taylor Cartwright, was arrested and charged with involuntary manslaughter and hazing, a lesser-included offense.

Prosecution Witnesses Defense Witnesses Sergeant (Sgt.) Chris Young Taylor Cartwright Dr. Jamie Craig Dr. Jordan Peters Alex Griffin Logan Schmidt


IN THE CIRCUIT COURT OF THE TWENTY-FOURTH JUDICIAL CIRCUIT LINCOLN COUNTY, ILLINOIS

PEOPLE OF THE STATE OF ILLINOIS, ) Plaintiff, ) ) v. ) Case No. 16 CF 7113 ) TAYLOR CARTWRIGHT, ) Defendant. )

INDICTMENT

COUNT I

THE GRAND JURORS chosen, selected and sworn, in and for the County of Lincoln

and State of Illinois, in the name and by the authority of the People of the State of Illinois, upon

their oaths, present that on the 27th day of August, 2016, Taylor Cartwright committed the

offense of INVOLUNTARY MANSLAUGHTER, in that the said defendant, Taylor Cartwright,

did unlawfully, and without legal justification, cause the death of Jessica Bates, during the

commission of a felony, to-wit: the death occurred during hazing against Jessica Bates in that the

defendant knowingly and recklessly required Jessica Bates to consume excessive amounts of

water at Lakeview University, an educational institution of the State of Illinois, for the purpose

of her induction or admission into Epsilon Sigma Epsilon, an organization accredited by and

associated with said educational institution, which hazing was not sanctioned or authorized by

that educational institution and which act of hazing was likely to cause and did in fact result in

great bodily harm to Jessica Bates, in that the hazing caused her death, in violation of 720 ILCS

5/9-3, and against the peace and dignity of the same people of Illinois.

Emily Kelly Grand Jury Foreperson


COUNT II

THE GRAND JURORS chosen, selected and sworn, in and for the County of Lincoln and

State of Illinois, in the name and by the authority of the People of the State of Illinois, upon their

oaths, present that on the 27th day of August, 2016, Taylor Cartwright committed the offense of

HAZING, in that the said defendant, Taylor Cartwright, did knowingly and recklessly required

Jessica Bates to consume excessive amounts of water at Lakeview University, an educational

institution of the State of Illinois, for the purpose of her induction or admission into Epsilon

Sigma Epsilon, an organization accredited by and associated with said educational institution,

which hazing was not sanctioned or authorized by that educational institution and which act of

hazing was likely to cause and did in fact result in great bodily harm to Jessica Bates, in that the

hazing caused her death, in violation of 720 ILCS 5/12C-50, and against the peace and dignity of

the same people of Illinois.

Emily Kelly Grand Jury Foreperson




PRE-TRIAL ORDER

On this the 1st day of November, 2016, the above-captioned matter came before the

undersigned judge for pretrial conference. The parties, appearing through their counsel,

indicated their agreement to, and approval of, the terms of this Order, and requested that it be

made the Order of this Court. The terms of this order, accordingly, shall not be altered, except

upon a showing of good cause.

I. Statement of Case

The State has charged Defendant, Taylor Cartwright, with one count of Involuntary

Manslaughter in violation of 720 ILCS 5/9-3, and one count of Hazing in violation of 720 ILCS

5/12C-50, alleging that on August 27, 2016, Defendant did unlawfully, and without legal

justification, cause the death of Jessica Bates, during the commission of a felony, to-wit: the

death occurred during hazing against Jessica Bates in that Defendant knowingly and recklessly

required Jessica Bates to consume excessive amounts of water at Lakeview University, an

educational institution of the State of Illinois, for the purpose of her induction or admission into

Epsilon Sigma Epsilon, an organization accredited by and associated with said educational

institution, which hazing was not sanctioned or authorized by that educational institution and

which act of hazing was likely to cause and did in fact result in great bodily harm to Jessica


Bates, in that the hazing caused her death, contrary to the aforesaid laws of the State of Illinois

and the peace and dignity thereof.

Defendant, Taylor Cartwright, pleads not guilty to all charges.

II. Stipulations of the Parties

The parties have entered into the following stipulations, which shall not be contradicted

or challenged:

1. The death of Jessica Bates occurred on August 27, 2016.

2. Defendant was over the age of 21 as of August 27, 2016.

3. Erin Kane is deceased.

4. Colt Bates is not available for trial due to armed services deployment.

5. The family medical history of Jessica Bates is not in dispute.

6. All exhibits listed are authentic and accurate in all respects.

7. The chain of custody of all evidence is not in dispute.

8. The signatures on the witness statements and all other documents are authentic.

9. For the purposes of this trial, the Police Reports should be considered as the

statement(s) of Sergeant Chris Young. In addition, Sergeant Young’s resume is included in the

case materials and is a full and accurate version of all of Sergeant Young’s training and

experience. He or she does not have an affidavit independent of his/her police reports or resume.

10. For the purposes of this trial, Dr. Jamie Craig is bound by the statements in both

his/her affidavit and the Coroner’s Report.

11. All witnesses who were questioned by law enforcement were properly advised of

their Miranda rights. The search of the Epsilon Sigma Epsilon house was conducted with consent

of the chapter president, and therefore was proper and in accordance with the law.


12. Exhibit 1 (the transcript of the 911 call) is admissible as a substitute for the actual

recording and accurately reflects the contents of the recording. The caller’s voice on the

recording is identified as Alex Griffin.

13. Exhibits 9 and 10 fairly and accurately reflect the scene, view, or geography they

purport to depict.

14. Exhibit 8 is a true and accurate photograph of evidence recovered from 313

Senate Street, Lincolnville, Lincoln County, Illinois by Sergeant Young.

15. Exhibits 1, 2, 3, and 4 are kept in the ordinary course of business or as part of the

ordinary conduct of an organization or enterprise where it was part of the ordinary business of

that organization, business or enterprise, to compile the data or information. The information was

made for the purpose of recording the occurrence of an event, act, condition, opinion or

diagnosis that takes place in the ordinary course of the business or enterprise, entry in the record

or the compiling of the data was made at or near the time when the event took place, and the

recording of the event was made by someone who has personal knowledge of it.

Judge Catherine Meyer ENTERED: November 1, 2016




ORDER ON MOTIONS IN LIMINE

This Court, having read the motions of counsel, the relevant law, and having heard the

arguments of counsel finds and orders as follows:

1. The State brought a motion in limine to admit statements made by Erin Kane, now

deceased, under Illinois Rule of Evidence 804(5). Defendant filed a response to said motion and

counter motion. First, Defendant asked this court deny the State’s motion to admit statements of

Ms. Kane, arguing that they were hearsay and that no exception applies. In the alternative,

Defendant requested that this Court prohibit the State from alluding to the cause of Ms. Kane’s

death during the trial pursuant to Illinois Rule of Evidence 403.

2. This Court finds that the State has made a sufficient showing that the Rule 804(5)

forfeiture by wrongdoing exception to hearsay applies in this case. While the exact cause of Ms.

Kane’s death is still unknown, this Court is convinced that the State made a sufficient showing

that Defendant was the likely cause of Ms. Kane’s death and intended to prevent her testimony at

this trial. Therefore, the statements made by Ms. Kane shall be admissible at the trial of

Defendant, Taylor Cartwright.

3. This Court further finds that Defendant’s arguments for barring the State from

alluding to the cause of Ms. Kane’s death at trial are persuasive. First, how Ms. Kane died


makes no fact in the current case any more or less likely. Second, even if there were any

minimal probative value to the cause of Ms. Kane’s death, the risk of unfair prejudice to

Defendant would substantially outweigh that minimal probative value. The Court finds this

evidence especially prejudicial because the investigation is still in its preliminary stages and no

criminal charges have been filed. Therefore, the State is barred from eliciting any evidence from

any witness about the cause of Ms. Kane’s death or any involvement in her death that Defendant

might have played.

Therefore, it is ORDERED that the State’s Motion to admit statements of Ms. Kane is

GRANTED. It is further ORDERED that Defendant’s motion to bar any evidence regarding the

cause of Ms. Kane’s death and to bar any evidence of the Defendant’s involvement in Ms.

Kane’s death is GRANTED.

Judge Catherine Meyer ENTERED: November 1, 2016


ILLINOIS CRIMINAL STATUTES

(720 ILCS 5/9-3) Sec. 9-3. Involuntary Manslaughter.

(a) A person who unintentionally kills an individual without lawful justification commits involuntary manslaughter if his acts whether lawful or unlawful which cause the death are such as are likely to cause death or great bodily harm to some individual, and he performs them recklessly….

(720 ILCS 5/12C-50) Sec. 12C-50. Hazing. (a) A person commits hazing when he or she knowingly requires the performance of any act by a student or other person in a school, college, university, or other educational institution of this State, for the purpose of induction or admission into any group, organization, or society associated or connected with that institution, if: (1) the act is not sanctioned or authorized by that educational institution; and (2) the act results in bodily harm to any person.

720 ILCS 5/4-3) Sec. 4-3. Mental state. (c) Knowledge that certain conduct constitutes an offense, or knowledge of the existence, meaning, or application of the statute defining an offense, is not an element of the offense unless the statute clearly defines it as such.

(720 ILCS 5/4-4) Sec. 4-4. Intent. A person intends, or acts intentionally or with intent, to accomplish a result or engage in conduct described by the statute defining the offense, when his conscious objective or purpose is to accomplish that result or engage in that conduct. (720 ILCS 5/4-5) Sec. 4-5. Knowledge. A person knows, or acts knowingly or with knowledge of: (a) The nature or attendant circumstances of his or her conduct, described by the statute defining the offense, when he or she is consciously aware that his or her conduct is of that nature or that those circumstances exist. Knowledge of a material fact includes awareness of the substantial probability that the fact exists. (b) The result of his or her conduct, described by the statute defining the offense, when he or she is consciously aware that that result is practically certain to be caused by his conduct. Conduct performed knowingly or with knowledge is performed wilfully, within the meaning of a statute using the term "willfully", unless the statute clearly requires another meaning. When the law provides that acting knowingly suffices to establish an element of an offense, that element also is established if a person acts intentionally. (720 ILCS 5/720 ILCS 5/4-6) Sec. 4-6 Recklessness. A person is reckless or acts recklessly when that person consciously disregards a substantial and unjustifiable risk that circumstances exist or that a result will follow,


described by the statute defining the offense, and that disregard constitutes a gross deviation from the standard of care that a reasonable person would exercise in the situation. An act performed recklessly is performed wantonly, within the meaning of a statute using the term "wantonly", unless the statute clearly requires another meaning.


LAKEVIEW UNIVERSITY POLICE DEPARTMENT Lincolnville, Illinois (630) 555-1234

INCIDENT REPORT

PRINT OR TYPE ALL INFORMATION

INCIDENT TYPE COMPLETED FORCED ENTRY PREMISE TYPE

UNITS ENTERED

TYPE VICTIM r Individual r Business r Government r Other

ASSISTING OTHER AGENCIES –LINCOLN COUNTY EMS 4 rYES rNO rYES rNO RES. 1

rYES rNO rYES rNO

rYES rNO rYES rNO

INCIDENT LOCATION (SUBDIVISION, APARTMENT AND NUMBER, STREET NAME AND NUMBER) ZIP CODE WEAPON TYPE

313 SENATE STREET, LINCOLNVILLE 60331

INCIDENT DATE 24 HOUR CLOCK TO DATE 24 HOUR CLOCK

8/27/2016 17:27 8/27/2016 19:05 COMPLAINTANT’S NAME (LAST, FIRST, MIDDLE) RELATIONSHIP TO SUBJECT DAYTIME PHONE EVENING PHONE

GRIFFIN, ALEX N/A 224-555-0789 224-555-0789 ADDRESS CITY STATE ZIP CODE

313 SENATE STREET LINCOLNVILLE IL 60331

VICTIM’S NAME (LAST, FIRST, MIDDLE) AKA

BATES, JESSICA

FACIAL HAIR, SCARS, TATOOS, GLASSES, CLOTHING, PHYSICAL PECULARITIES, ETC.

TATTOO ON ANKLE. WHITE SHIRT, TAN PANTS ADDRESS CITY STATE ZIP CODE

1231 PRESIDENT STREET LOGAN CITY IL 60995 SUBJECT (NO.1) USING: ARRESTED NEAR OFFENSE SCENE DATE / TIME OF OFFENSE DATE / TIME OF ARREST ALCOHOL rYES rNO rUNKNOWN DRUGS rYES rNO rUNKNOWN

rYES rNO

Responding Officer (RO) arrived on scene at the above date and time in reference to an unresponsive female at the Epsilon Sigma Epsilon house. In the basement area of the house, EMS was working on what appeared to be an unconscious teenage female. RO made contact with chapter president Alex GRIFFIN, Pledge Master Taylor CARTWRIGHT and pledge Erin KANE. Based upon experience, RO had probable cause to believe that this was an alcohol based initiation. RO inquired with both GRIFFIN and CARTWRIGHT as to the age of the female and whether or not alcohol was involved. Both denied any alcohol being involved. Both identified the unconscious female as Jessica BATES. Both stated that BATES had passed out. During this time EMS cleared the scene to Lakeview University Hospital with BATES. RO requested permission to search the premises for alcohol. Both GRIFFIN and CARTWRIGHT consented to the search. Officer Lisa Height #113 assisted RO in a complete search of the premises. One 500ml bottle of tequila was discovered in the room of a resident of the ESE chapter house. The resident in possession of the alcohol was determined to be over the age of 21. No other illegal substances were found. RO interviewed Erin KANE following the search of the property. KANE stated that the pledges were playing a game in which they were forced to drink water if they answered a question incorrectly. KANE stated that there were additional penalties for not properly following the rules of the game. KANE stated that the game was called Water Jeopardy. KANE indicated that she quit the game due to concerns that it constituted hazing and that consuming too much water could cause death. KANE indicated that she told CARTWRIGHT that drinking large amounts of water was dangerous. KANE said CARTWRIGHT laughed.

REPORTING OFFICER ASSISTING OFFICER 24 HOUR CLOCK APPROVING OFFICER DATE UNIT NUMBER

SGT. CHRIS YOUNG #111 Ofc. L. Height #113 20:11 Lt. Shepherd #311 8/27/2016 4618

INCIDENT # 46-108271611

AGENCY ID IL04619

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Report # 16-0001131/1


RO responded to Lakeview University Hospital to check on the welfare of the victim and interview her regarding the circumstances of the incident. RO spoke with ER doctor Chloe White. Dr. White informed RO that BATES never regained consciousness and had died subsequent to her arrival at the hospital. Dr. White stated that there was no indication of trauma that would have contributed to BATES’ death, but that per state law an autopsy would be performed. BATES’ body was transported to the Lincoln County Medical Examiner’s office for an autopsy. Officer Height was assigned to be present during the autopsy. RO made contact with the Logan County Sheriff’s Office (LCSO). LCSO notified BATES’ parents of her death. Nothing further at this time.

TYPE (GROUP) TOTAL VALUE

STOLEN

DAMAGED

BURNED

RECOVERED

SEIZED

SUBJECT IDENTIFIED r YES r NO

SUBJECT LOCATED

r ACTIVE r ADM. CLOSED r UNFOUNDED

r ARRESTED UNDER 18 r ARRESTED 18 AND OVER

r EX-CLEAR UNDER 18 r EX-CLEAR 18 AND OVER

REASON FOR EXCEPTIONAL CLEARANCE: 1. r OFFENDER DEATH. 2. r NO PROSECUTION 3. r EXTRACTION DENIED 4. r VICTIM DECLINES OPERATION 5. r JUVENILE NO CUSTODY

REPORTING OFFICER ASSISTING OFFICER 24 HOUR CLOCK

APPROVING OFFICER DATE UNIT NUMBER


FOLLOW-UP INVESTIGATION REQUIRED r YES r NO

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SUPPLEMENTAL INCIDENT REPORT



UNITS ENTERED


DEATH OF LINCOLN UNIVERSITY STUDENT – SUPPLEMENTAL REPORT rYES rNO rYES rNO RES. 1

rYES rNO rYES rNO

rYES rNO rYES rNO




8/27/2016 17:27 8/27/2016 19:05 SUSPECT’S NAME (LAST, FIRST, MIDDLE) RELATIONSHIP TO VICTIM DAYTIME PHONE EVENING PHONE

GRIFFIN, ALEX PRESIDENT ESE 224-555-0789 224-555-0789 ADDRESS CITY STATE ZIP CODE

313 SENATE STREET, LINCOLNVILLE LINCOLN CITY IL 60331

SUSPECT’S NAME (LAST, FIRST, MIDDLE) RELATIONSHIP TO VICTIM

CARTWRIGHT, TAYLOR PLEDGE MASTER/PLEDGE OF ESE FRATERNITY FACIAL HAIR, SCARS, TATOOS, GLASSES, CLOTHING, PHYSICAL PECULARITIES, ETC.

ADDRESS CITY STATE ZIP CODE

313 SENATE STREET LINCOLNVILLE IL 60331 SUBJECT (NO.1) USING: ARRESTED NEAR OFFENSE SCENE DATE / TIME OF OFFENSE DATE / TIME OF ARREST ALCOHOL rYES rNO rUNKNOWN DRUGS rYES rNO rUNKNOWN

rYES rNO 8/27/16 9/1/16

Responding Officer (RO) returned to the ESE chapter house to follow up on the death of Jessica BATES. RO took photographs of the scene. RO observed several water coolers partially filled with water. RO located a water cooler labeled “Bates”. RO noticed that the water cooler labeled with BATES’ name had significantly less water than the other water coolers. RO was unable to verify whether the water coolers had been tampered with in any way since 8/27/16. Based on the results of the autopsy and RO’s investigation, CARTWRIGHT and GRIFFIN were arrested on charges of Manslaughter and Hazing. GRIFFIN agreed to cooperate with our investigation. As a result of GRIFFIN’S cooperation no charges have formally been filed against GRIFFIN at this time.

TYPE (GROUP) TOTAL VALUE

STOLEN

DAMAGED

BURNED

RECOVERED

SEIZED

SUBJECT IDENTIFIED r YES r NO

SUBJECT LOCATED

r ACTIVE r ADM. CLOSED r UNFOUNDED

r ARRESTED UNDER 18 r ARRESTED 18 AND OVER

r EX-CLEAR UNDER 18 r EX-CLEAR 18 AND OVER

REASON FOR EXCEPTIONAL CLEARANCE: 1. r OFFENDER DEATH. 2. r NO PROSECUTION 3. r EXTRACTION DENIED 4. r VICTIM DECLINES OPERATION 5. r JUVENILE NO CUSTODY





INCIDENT # 46-108271611

AGENCY ID IL04619

Report # 16-0001131/2

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SUPPLEMENTAL INCIDENT REPORT



UNITS ENTERED


DEATH OF LINCOLN UNIVERSITY STUDENT – SUPPLEMENTAL REPORT rYES rNO rYES rNO RES. 1

rYES rNO rYES rNO

rYES rNO rYES rNO




8/27/2016 17:27 8/27/2016 19:05 WITNESS’S NAME (LAST, FIRST, MIDDLE) RELATIONSHIP TO VICTIM DAYTIME PHONE EVENING PHONE

KANE, ERIN FRIEND 224-555-1111 224-555-1111 ADDRESS CITY STATE ZIP CODE

313 SENATE STREET LINCOLNVILLE IL 60331

SUSPECT’S NAME (LAST, FIRST, MIDDLE) RELATIONSHIP TO VICTIM

CARTWRIGHT, TAYLOR PLEDGE MASTER/PLEDGE OF ESE FRATERNITY ADDRESS CITY STATE ZIP CODE

313 SENATE STREET LINCOLNVILLE IL 60331 SUBJECT (NO.1) USING: ARRESTED NEAR OFFENSE SCENE DATE / TIME OF OFFENSE DATE / TIME OF ARREST ALCOHOL rYES rNO rUNKNOWN DRUGS rYES rNO rUNKNOWN

rYES rNO 8/27/16 9/1/16

Responding Officer (RO) spoke with witness KANE over the phone on 9/5/16. KANE told RO that she and BATES had pledged ESE together. KANE said that BATES wanted to fit in and be liked. KANE said that she and BATES had been roommates in the past and that BATES had rushed traditional Greek sororities and had not received a bid. KANE said that BATES was doing everything that was asked of her, regardless of how ridiculous it was, because she was terrified that if she did not do what was asked that she would be rejected from ESE. KANE indicated that she was a nursing student and had learned in the course of her schoolwork that drinking too much water could be dangerous and/or cause death. KANE said that she quit the Water Jeopardy game in fear of her safety. KANE indicated that she told CARTWRIGHT that the game was dangerous and that she believed that it could hurt other pledges. I was scheduled to meet with KANE in person on 9/10/16. I was unable to meet with KANE because she was killed in a car accident on 9/6/16. The cause of the car accident is currently under investigation. It should be noted that CARTWRIGHT was released on bail on September 4, 2016, just days prior to KANE’S death. The initial determination of the cause of the accident was tampering with the brakes in KANE’s vehicle. Investigations is still gathering evidence regarding the accident but at this time foul play is being considered as the primary cause of the accident. Nothing Further at this time.



SGT. CHRIS YOUNG #111 N/A 12:11 Lt. Shepherd #311 9/8/2016 4618


INCIDENT # 46-108271611

AGENCY ID IL04619

Report # 16-0001131/3

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Prosecution Witness Affidavit: Dr. Jamie Craig My name is Jamie Craig. I am 32 years old. I received my bachelor’s degree in biology from the 1 University of Wisconsin-Madison, and my MD from the University of Chicago School of 2 Medicine. I have been living in Illinois for the last three years, since finishing my residency 3 program at Baylor University Medical Center in Dallas, Texas. I won awards at University of 4 Chicago for top marks in the anatomical pathology specialty, and graduated third in my class. I 5 am a board certified physician, and licensed in the State of Illinois through the Illinois 6 Department of Financial & Professional Regulation (IDFPR). I have certifications in internal 7 medicine and anatomical pathology. I serve as deputy coroner for Lincoln County, Illinois, and 8 handle all autopsies in our county. I have seen a wide variety of cases and causes of death 9 ranging from natural causes of death to drowning, shootings, stabbings, and of course auto 10 fatalities. 11 The morning of August 28, 2016, I received a call from Lakeview University Police 12 Department’s Sergeant Chris Young that there had been a death of a student at Lakeview 13 University. I conducted the autopsy at 10:00 hours on Monday, August 29, 2016. My initial 14 impression was that the body was that of a Caucasian female, with an outward physical 15 appearance of an older teenager. Per the positive identification of the Lakeview University 16 Police Department, the body was identified as Jessica Bates, 19 years of age, of Logan, Illinois. 17 Per the records from the emergency room physician, she had arrived at the emergency room in 18 an unresponsive state with fixed, dilated pupils and shallow, labored breathing. Time of death 19 was 18:40 hours on Saturday, August 27, 2016. 20 Upon physical examination of the body, the only visible marks of external trauma were 21 consistent with a fall from intermediate height. Weight of the body was 131 lbs., 5 oz.; length 70 22 inches. The body was dressed in a white t-shirt and tan shorts. There was no indication that the 23 body had been re-dressed or that clothing had been altered post mortem. 24 Through the course of the autopsy, all organs appeared normal in coloration, size, and weight, 25 with the exception of the bladder and brain stem. The bladder was distended, and the brain stem 26 was extremely swollen. The stomach contents also revealed a large amount of water had been 27 consumed shortly before death. Ultimately, I determined the cause of death was swelling of the 28 brain stem due to consumption of a lethal amount of water over a short period of time. This is 29 known as acute hyponatremia. 30 There are thousands of cases of hyponatremia in the United States every year. There are two 31 main types of hyponatremia, chronic hyponatremia and acute hyponaremia. Generally 32 hyponatremia occurs when the sodium levels in your body fall below 135 milliequivalents per 33 liter. Chronic hyponatremia occurs when your sodium level drops gradually over 48 hours or 34 longer, while acute hyponatremia occurs when your sodium level drops rapidly in less than 48 35 hours. The vast majority of fatal hyponatremia cases occur in infants and the elderly, and they 36 are classified as acute hyponatremia. Hyponatremia is also common among athletes and people 37 with kidney disease. It is rare for your average teenager to die from hyponatremia. I have never 38 seen a fatality from hyponatremia before this case, but I am familiar with the symptoms and the 39


physiological affects. Symptoms include nausea and vomiting; headaches; confusion; loss of 40 energy and fatigue; restlessness and irritability; and muscle weakness, spasms and cramps. 41 Acute hyponatremia is a painful way to die. Sodium plays an essential role in your body. It helps 42 maintain your blood pressure, and support your nerves and muscles. Picture drinking so much 43 fluid that your kidneys cannot keep up and you cannot relieve the fluid from your system to the 44 point that you literally drown in your own cells. When your urinary system cannot flush the 45 excess fluid from the body, your cells all begin to absorb the excess fluid. Some cells absorb 46 water until they burst, and can actually cause the victim to appear to have blotchy skin from all 47 the burst cells. Usually in conjunction with that is the swelling of the brain stem. Among other 48 things, the brain stem controls consciousness, breathing, heartbeat, eye movements, pupil 49 reactions, swallowing and facial movements. Furthermore, all the sensations going to the brain, 50 as well as the signals from the brain to the muscles, must pass through the brain stem. Without a 51 clear path for these signals to pass back and forth from the brain, the result is seizures, coma or 52 even death. 53 Upon checking the sodium serum levels in Jessica’s body, the numbers were extremely low. 54 This merited further urinalyses and blood work. The results of those tests confirmed sodium 55 levels far below 135 mEq/L. Her sodium levels averaged 120 mEq/L. Following the results of 56 those tests, I came to the conclusion that Jessica had consumed a massive amount of water over a 57 short period of time. 58 The death certificate notes the cause of death as acute hyponatremia, along with confirmation of 59 homicide as opposed to natural causes. Individuals do not typically consume massive amounts 60 over water in a short period of time unless they are suffering from dehydration. Jessica’s body 61 did not show any signs of dehydration. In addition, based upon her personal and medical history, 62 it is unlikely that the condition was accelerated or exacerbated by any other factors such as 63 kidney disease, medication, or intense physical activities like marathon running. 64 I understand that Dr. Peters is testifying for the Defense and disagrees with my conclusion. 65 While I have the utmost respect for Dr. Peters, I believe that medical advances in the field of 66 pathology have passed him/her by. In addition, I attended medical school with Dr. Peters’ son, 67 who later lost his license to practice medicine due to a drug conviction. Over the years, I had on 68 many occasions spoken at length with Dr. Peters about the practice of medicine and have been 69 dismayed that his/her focus has turned from service to the public to the financial rewards of 70 being an expert witness, or “a hired gun.” 71 Jamie Craig, M.D. STATE OF ILLINOIS, COUNTY OF LINCOLN Subscribed and sworn to, before me, the undersigned officer, by Jamie Craig, on this 1 day of November of, 2016. Elizabeth Black Elizabeth Black, Notary Public My Commission Expires: 12/31/18


Prosecution Witness Affidavit: Alex Griffin

My name is Alex Griffin, and I am the president of the Chi Si Chapter of Epsilon Sigma Epsilon 1 honors society here at Lakeview University. I turned 22 on December 9, 2015. During the 2 school year I live at the ESE house at Lakeview University, located at 313 Senate St., 3 Lincolnville, IL. During the summer I typically travel out of the country to see more of the 4 world. I am a senior with a 4.0 GPA, and have already been accepted to law school once I 5 graduate. I have been in ESE for three years now. I was elected pledge master for a year before 6 running for and being elected president of the chapter. 7 Though we have Greek letters identifying us like the traditional fraternities and sororities, we are 8 quite a bit different. First, we are co-ed. Second, we have much higher GPA standards than that 9 required by typical fraternities and sororities. Finally, we do a substantial amount of volunteering 10 in the community. We do have a few things in common with the traditional Greek organizations 11 on campus. Our officers are all required by the University to attend the same trainings as 12 traditional Greek organizations. We gain membership by invitation only, but we invite members 13 based solely on GPA, extracurricular activities and prior community service experiences. I have 14 greatly enjoyed my time here at Lakeview University. I have worked hard to move up through 15 the ranks of the ESE honors society. This year, I became president of the Chapter, and had some 16 great plans for the year. Things have really derailed since then. 17 Taylor Cartwright joined ESE at the same time that I did. Taylor was always happier working 18 with the new members, or pledges as they are often called. Taylor just loved the process of 19 screening and admitting new members and some of the fun things to build unity within ESE. 20 Taylor learned the ropes of being the pledge master like I did, from Jessica Bates’ older brother 21 Colt Bates. Colt put us through the paces of the Water Jeopardy game. Taylor was miserable 22 after we were done that day, but Taylor and Colt became fast friends after the experience. They 23 began to hang out all the time together. 24 Every year there is a type of ESE Pledge Olympics. Pledge Olympics are aimed at familiarizing 25 ESE pledges with school and ESE history, and creating a bond between ESE members. Water 26 Jeopardy is a game that ESE pledges play every year at the Pledge Olympics. It is probably 27 ESE’s most well known event of pledge week. The rules of the game are pretty simple. If you 28 answer a question incorrectly, you have to drink water. The amount of time a pledge would drink 29 the water for changed depending on the “value” of the question. A higher value question resulted 30 in a longer time drinking water. There are also extra “penalties” for failing to follow the rules of 31 the game. For example, if a pledge didn’t phrase his or her answer in the form of a question, the 32 pledge would have to drink water for a longer period of time. The game was created a while back 33 because it was clear that requiring pledges to drink large amounts of alcohol constituted hazing 34 and violated university policy. So water was substituted for the alcohol, I guess. The final rule 35 was that the pledges were not allowed to use the bathroom during the game. 36 Although strongly encouraged, none of the Pledge Olympics activities are mandatory for 37 membership in ESE. But in my four years, I have never seen anyone not participate in Pledge 38 Olympics. I've seen people complain about participating before, but they usually got teased by 39 the other pledges and ESE members and eventually ended up participating. All of the ESE 40


officers review the proposed activities to make sure that we do not run into trouble with the 41 University’s hazing policies. Until this year, we have never even had a visit from the University 42 Police Department, much less been sanctioned in any way by the Lakeview University 43 Administration. Last year when I was pledge master, everyone had a great time and nobody was 44 injured or died from Water Jeopardy. It is awful that Taylor cannot say the same this year. 45 This year, Taylor seemed fixated on pushing the pledges further than we had before. I said it was 46 not a good idea. Taylor really liked the Water Jeopardy game but I thought that it was probably 47 close to hazing. Before the game started on August 27, 2016, I told Taylor that I was worried 48 about the game. I specifically told Taylor about a lady I had read about dying from drinking too 49 much water and not going to the bathroom as a part of a radio contest to win a Nintendo Wii. 50 Taylor insisted that Water Jeopardy was not hazing because it was voluntary and that nobody 51 was told they could not go to the bathroom, but that s/he would call the University Student 52 Affairs Office to ask. I have no idea if Taylor ever did call, or what they even said. Either way, 53 Taylor said s/he was moving forward with the Water Jeopardy. We argued about it, and I decided 54 that I did not want to be present for the game. I probably should have double checked with the 55 University Student Affairs Office myself, but I had been busy settling back into the fall semester 56 routine and it slipped my mind. I was around for most of the other pledge week activities, and 57 they all seemed to go pretty well. Everyone was having a good time, especially with the shaving 58 cream fight. 59 When the Water Jeopardy game started, I headed upstairs to my room to study. After awhile, I 60 heard Erin Kane yelling for a phone and to call 911. Erin looked lost wandering around the house 61 when I came downstairs and I realized that she had never been inside the main portion of the 62 house because she was just a pledge. I called 911, while asking her what the problem was. Erin 63 said one of the pledges passed out. That had happened to people from time to time when playing 64 the Water Jeopardy game, but they could not get this pledge to wake up. That scared me. I went 65 down to the basement level with Erin, and we opened up the outside doors of the basement and 66 everyone waited on EMS. Taylor and a couple others were trying to wake Jessica Bates up the 67 whole time. EMS arrived, and took Jessica out on a stretcher. 68 Jessica was a quiet and somewhat silly person. She was not taking the pledge process seriously 69 enough for Taylor all week long. I heard Taylor make comments during the week about Jessica 70 so I am sure that Taylor was punishing her with Water Jeopardy. The cop who arrived after we 71 called 911, Sergeant Chris Young, thought it might have been an alcohol poisoning and hazing 72 incident, since it was pledge week all over campus. Before Sergeant Young left, Taylor and I 73 were interviewed about what happened. Sergeant Young asked if it was okay to search the house 74 for alcohol since there were appearances that alcohol could be involved. Taylor and I both told 75 Sergeant Young to feel free to search the house, so Sergeant Young and Officer Lisa Height 76 searched the whole house. They, of course, did not find anything. I found out later that evening 77 from the University Director of Student Affairs that Jessica had died. 78 A couple days later, Sergeant Young came back to the house and said that Water Jeopardy was 79 considered hazing and manslaughter. Sergeant Young searched through the house again and took 80 some pictures. I don’t think anyone had been down by the water coolers since the Water 81 Jeopardy game, but I wasn’t watching them all day, so I cannot be 100% sure. The cops said the 82


water was forced on Jessica and that she died from the excessive water and it was our fault. 83 They arrested Taylor for it, and took me down to an interview room at the police department. I 84 was told that because I was the chapter president and it happened while I was responsible for the 85 honors society, that I could be held responsible too. The police gave me a choice. I could sit at 86 the prosecution table or the defense table. You do not have to have a 4.0 in aerospace 87 engineering to realize the implications of that decision. I am sure that it was Taylor pushing the 88 Water Jeopardy game too far that got Jessica Bates killed. I am sitting at the right table. 89

Alex Griffin STATE OF ILLINOIS, COUNTY OF LINCOLN Subscribed and sworn to, before me, the undersigned officer, by Alex Griffin, on this 1 day of November of, 2016. Elizabeth Black Elizabeth Black, Notary Public My Commission Expires: 12/31/18


Defense Witness Affidavit: Taylor Cartwright

My name is Taylor Cartwright. I am 21 years old, and will turn 22 on March 23, 2017. I live at 1 the Epsilon Sigma Epsilon (ESE) house at Lakeview University during the school year. For the 2 past two years I have subleased an apartment during the summer so that I can stay in town to 3 take summer classes. I am a senior at Lakeview University. I have a 3.985 GPA, with a triple 4 major in Political Science, Psychology and Social Work. After undergrad, I plan to go back to 5 school and get a Master of Social Work degree, and then work with homeless youth. 6 I have been a member of the ESE Honor Society since I first joined ESE in the fall semester of 7 2013. I was the first pledge initiated to the chapter that year and I loved it. I have been to every 8 social, mixer, pledge event, and public service opportunity that we have had since I started. I 9 love the fact that we can have great parties and we can also all get together to help people in the 10 community through events like Habitat for Humanity, The Lakeview University Blood Drive, 11 Toys for Tots, and the local food bank. 12 For the past two years, I have assisted the other pledge masters, including Alex Griffin, with ESE 13 activities. This year I was asked to be the pledge master. I have taken my role seriously because 14 I think that everyone who joins ESE should take the honor and responsibility seriously, as well. 15 My job was to make sure that the students were not only of the highest caliber at the University, 16 but that they were knowledgeable about the University, the ESE chapter, and the community that 17 we serve. I was responsible for managing all of the paperwork that the pledges completed and 18 signed off on as they were working towards joining ESE. This included requesting their 19 transcripts so we could get their GPAs, keeping a medical history chart outlining any health 20 problems that we needed to be aware of, and ensuring that they signed a general liability release 21 that the University insisted that we get prior to letting them participate in any events. Everyone 22 joining this semester was a sophomore. According to my records, all of them completed and 23 submitted their required paperwork, but I never really read any of the paperwork. It was more 24 just something for our file at ESE. The first time I looked at those forms was after Jessica died. 25 This year’s pledge class was a mix of guys and girls like in most years. Recently, we decided to 26 increase the GPA required to get into ESE. Our more rigorous GPA requirements meant that we 27 invited fewer to join this year. During the first week of school, we have a number of activities 28 for pledges and members to participate in, to get to know each other and that kind of thing. 29 Everyone was having a good time all week with the activities. It is not hazing or anything like 30 what I have been accused of doing. Everyone was notified in writing at the beginning of the 31 week that participation in the activities was optional. I even said it on the first day at the 32 welcome ceremony. Everyone got a copy of all the activities for the week, as well as a copy of 33 the rules that the pledges had to follow for that week. The rules said that the activities were 34 optional. The rules were not any big deal really. They just said that pledges all had to wear the 35 same color shirts and shorts every day of the week, they could not have cell phones, and they 36 were not allowed anywhere in the ESE house except for the basement. Sure, I may have teased 37 some of them when they talked about not wanting to do things or said that the activities were 38 taking too much of their time, but I never told anyone they could not quit an activity. It was all 39 part of the fun of bringing in new people and making new friends. 40


The activities were all funny and sometimes foolish. All of them were designed for people to get 41 to know each other better and test their knowledge of the University and the ESE chapter. There 42 were kickball games in the back yard with members versus pledges. There was a water balloon 43 game where everyone stood at attention on the front lawn and the members stood on the roof and 44 threw water balloons at pledges who did not answer the chapter questions correctly. There were 45 shaving cream fights on the back lawn for the pledges to “get even” with the members who had 46 been egging them on all week long. Then there was the final activity of the week. This is where 47 things went horribly, horribly wrong, but it was not my fault. That was the annual Water 48 Jeopardy game. 49 We all knew then, and we all know now, that forcing people to drink beer, especially if they are 50 underage is dangerous and a huge way to get in a world of trouble. We all sat in on the classes 51 that the University required us to take about hazing, how not to do hazing, and on and on. That 52 class was such a bore! We all knew that you could not force people to drink alcohol or do 53 humiliating things. That’s why we had the water balloon activity, the shaving cream fight, and 54 Water Jeopardy, and why we liked Water Jeopardy so much. After an argument with Alex, I 55 even called the University Office on Student Affairs several times to be sure that Water Jeopardy 56 was not, in fact, hazing. I left voicemails with a description of what ESE was doing. I never got 57 a call back from any of my messages, so it must have been okay. We have been doing Water 58 Jeopardy for years and never had a problem before August 27, 2016. 59 In Water Jeopardy, we projected the traditional-looking JeopardyTM screen on the wall and the 60 pledges took turns answering questions, just like on the real TV show. The catch was that instead 61 of getting points for correct answers and losing points for incorrect answers, the pledges had to 62 drink from water coolers along the wall if they got answers wrong. If someone forgot to put an 63 answer in the form of a question, then they had to drink even more water as a penalty. The 64 pledges had to drink for as long as I was counting out loud. You know, “One Mississippi, Two 65 Mississippi,” and so on. If they gave a wrong answer, they had to drink until I counted to five. 66 If they didn’t phrase an answer in the form of a question, then I made them drink for a ten count. 67 No big deal, it was just water. Every year, there is an unspoken and unwritten challenge for the 68 pledge master to add something to the ESE pledge activities, or push the limits of the activities 69 we were doing. As the pledge master, you just had to push the pledges a little harder than the 70 person before you had pushed. And trust me, I was planning to push things further than they ever 71 had been pushed before – I wanted my last year in ESE to be a year to remember. 72 Jessica Bates, one of the pledges, was lousy at the game. I think she was intentionally being a 73 clown. She kept getting answers wrong, then laughing on her trip to the water coolers to drink. 74 Sometimes she would even forget to put the answer in the form of a question so there were even 75 more penalties. I was pushing Jessica hard during the game because she was so lousy at it. I 76 definitely did not take it easy on her even though she was drinking the most water out of 77 everyone. One of the other pledges, Erin Kane, was a nursing student. While we were playing 78 the game, she said she thought it wasn’t a good idea to play, but she never said why. I even 79 asked her why she thought it was not a good idea, and all she could say was that she remembered 80 her nursing professor saying it was bad. What does that even mean? Like you have to use the 81 bathroom too much from drinking a lot of water? Or what? She ultimately quit Water Jeopardy 82 and sat at the back of the room after that. Jessica seemed to get a little nervous and it seemed like 83


she thought about quitting the game with Erin, but I told her not to be a baby and she ended up 84 not quitting. I do not remember Erin saying anything about Jessica looking ill. 85 I think we had been playing for about an hour and a half when Jessica made that fatal turn back 86 from the coolers. She just kind of fell forward and down on the carpet. At first, I thought she 87 was just being a clown and I told her to get up. When she didn’t move, I got concerned. I went 88 over to her and rolled her over. She was breathing, but she appeared to have passed out. I 89 thought that was an odd time to pass out. It is not like we were outside in the heat, or she was 90 dehydrated, or had been doing anything strenuous. I tried to wake her up a couple of times by 91 shaking her a little bit and calling her name. We even got some water from the water coolers and 92 splashed it on her face, but it made no difference. She wouldn’t wake up. That is when we all 93 got scared and realized we needed to call for an ambulance. It was only a couple minutes before 94 I yelled for someone to call 911. There was no phone in the room where we were playing the 95 game. I do not carry a cell phone when I am conducting activities so that the pledges can see that 96 I am also following the rules. Erin Kane ran upstairs in search of a phone. A little while later, 97 Alex came downstairs. Alex was talking on the phone and said that the EMS was on the way. 98 After that, the EMTs came, loaded Jessica onto a stretcher, and took her away. I answered some 99 questions from the cop who arrived. The cop said it didn’t look like we had done anything 100 wrong. I even told the police to search the whole house when they asked if her condition could 101 be due to alcohol-related hazing. They searched and, of course, there was no alcohol. We are not 102 that kind of organization. 103 Four days later the cop came back and arrested me. I didn’t haze anyone and I definitely didn’t 104 kill anyone! Jessica Bates could have stopped drinking water at any time. She even signed a 105 waiver saying that she knew what she was doing and was voluntarily participating in the entire 106 week of pledging. 107 Look, I am friends with Colt Bates, Jessica’s brother. I have known Jessica for years. She used 108 to visit her brother on campus on the weekends, and even did some of the service projects with 109 us while she was still in high school. In fact, we kept her from engaging in some of the more 110 inappropriate social activities around campus. There is no way that I would have let her continue, 111 if I had known that she was in danger. I also want to make it very clear that I had nothing to do 112 with Erin Kane’s car accident. I was at my parent’s house when the accident happened. I felt 113 terrible when I heard that she had passed away. I thought she was a nice girl. 114

Taylor Cartwright STATE OF ILLINOIS, COUNTY OF LINCOLN Subscribed and sworn to, before me, the undersigned officer, by Taylor Cartwright, on this 1 day of November of, 2016. Elizabeth Black Elizabeth Black, Notary Public My Commission Expires: 12/31/18


Defense Witness Affidavit: Dr. Jordan Peters My name is Dr. Jordan Peters. I have an MD in internal medicine from Duke University, and 1 have been a Fellows Professor of Pathology at the University of Maryland for the last six 2 years. Prior to that, I was the Associate Director of the University of Tennessee Forensic 3 Anthropology Facility. It is more commonly referred to as the “Body Farm.” It is a facility 4 in which medical examiners, anthropologists, and law enforcement officials study all manner 5 of death and decomposition in order to make better decisions in criminal investigations and 6 to make more thorough diagnoses in the autopsy procedures. I have been contracted by both 7 prosecutor’s offices and defense firms for over 15 years as an expert in the field of 8 pathology, decomposition, and in questions determining the timeline of death. My average 9 annual income as an expert (apart and separate from my Fellowship at the University) has 10 been approximately $200,000 per year for the past five years, before taxes and overhead. I 11 hold certifications in Anatomical and Clinical Pathology, as well as Forensic Pathology and 12 Anthropology. 13 I was contracted by the defense to look into the matter of the death of Jessica Bates. For the 14 purposes of my investigation, I examined the health records, medical release, emergency 15 room record, death certificate, and Coroner’s report on Ms. Bates. These documents were all 16 released to the defense from the prosecutor’s office. My report assumes that these reports are 17 full and complete records on Jessica Bates with no other relevant records or information 18 being available. 19 The autopsy conducted by the coroner does properly show that the swelling of the brain stem 20 did ultimately cause the death of Ms. Bates. What the coroner’s office missed in its 21 overzealous attempt to lay blame when the incident should more properly be termed an 22 accident were Ms. Bates’ underlying health conditions. Dr. Craig appears fascinated with the 23 idea of a death from hyponatremia. I can certainly remember being fascinated by some of 24 the more obscure deaths that I attended when first cutting my teeth as a pathologist. 25 According to the medical records provided by the prosecutor’s office, Ms. Bates had a family 26 history of thyroid problems. Hypothyroidism is a direct cause of acute hyponatremia and 27 some resulting fatalities. In the medical waiver statement obtained by the State from the ESE 28 honors society, there is no mention of that condition or history within the family. Certainly, 29 if someone was suffering from this condition or the family had a history thereof, it should 30 have been checked and then based upon that, other health precautions would be made, 31 including but not limited to warnings about volume of water intake and salt consumption 32 among others. Without the disclosure of that information to the ESE members, they could 33 not reasonably make accommodations for Ms. Bates, or even know what type of activities 34 might be harmful to her. 35 Regardless of recent media hype, death from acute hyponatremia is a rare event. There are 36 other questions surrounding Ms. Bates’ death. Acute hyponatremia is often best dealt with in 37 the field and on route to the hospital. I saw nothing in the emergency room record to reflect a 38 proper diagnosis of acute hyponatremia in progress. Had that been done, there would have 39 been multiple treatment regimens for the condition to lessen the brain stem swelling and thus 40 prevent brain damage and death. 41


Additionally, in reviewing the autopsy report and associated blood work, I noted the sodium 42 serum levels were depressed, but certainly not in the critical range. In the report, the brain 43 stem swelling is much more consistent with a reaction of the hyperthyroid to an influx of 44 water, rather than from the water alone. In addition to evaluating sodium serum levels, when 45 acute hyponatremia is suspected, a seasoned pathologist draws from the fluid remaining in 46 the bladder to gain a baseline for the volume of water that had been in the system of the 47 deceased at the time of death. This was not done by Dr. Craig, and had this occurred in my 48 lab, it would have been considered a fundamentally basic error. Without that baseline 49 information as to how much water was in the bladder, it would be difficult, if not impossible 50 to determine the volume of water in the deceased’s system in order to properly rule out 51 hypothyroidism and establish acute hyponatremia as a sole cause of brain stem swelling and 52 ultimately death. 53 I have known Dr. Craig since s/he was my son’s classmate in medical school. Jamie was not 54 a very impressive student according to my son, Jason. Jason even said that Jamie would 55 cheat off of his exams. Further evidence of Jamie’s lack of academic aspirations is the fact 56 that Jamie has never pursued any further specialization, teaching fellowships, or been 57 published. Clearly not my son’s equal. My son married a woman who had lived in Illinois 58 her whole life and had a good job in Illinois, so my son moved to Illinois to live with her. 59 Both Dr. Craig and my son applied for the position of Coroner in Lincoln County, Illinois. 60 When my son was not selected for the job he searched for several months for a job before he 61 and his wife had a child. He opened a small family medicine practice in Lincoln County, but 62 he spends most of his time as a stay at home dad, although I have a hard time imagining how 63 he pays for his student loans doing that. 64 Though this was a horrible accident for which the community and University should grieve, 65 given the lack of disclosure and the lack of a proper diagnosis by medical professionals 66 involved with this case, I cannot see the connection of responsibility to anyone other than 67 that of Ms. Bates. 68 I am aware that Dr. Craig believes that I am nothing more than a mercenary for the highest 69 dollar, but I base my opinions on the medical records alone despite the financial rewards. 70 Jordan Peters, M.D. STATE OF ILLINOIS, COUNTY OF LINCOLN Subscribed and sworn to, before me, the undersigned officer, by Jordan Peters, on this 1 day of November of, 2016. Elizabeth Black Elizabeth Black, Notary Public My Commission Expires: 12/31/18


Defense Witness Affidavit: Logan Schmidt My name is Logan Schmidt. I am 20 years old, and a junior at Lakeview University. I live 1 in the South Quad dormitory. I am in my second year as a member of Epsilon Sigma Epsilon 2 honors society. I have known Taylor since I was a freshman. Taylor was a student assistant 3 to the professor in my University 101 class. We got to know each other and have been 4 friends ever since. I think Taylor is crazy about the rules and rituals of the ESE, but that has 5 not caused any problems in our friendship. Taylor learned all these rules and rituals from 6 Colt Bates, Jessica Bates’ brother. Even though Colt was Taylor’s pledge master, they 7 became good friends even after the pledge week initiation chaos, so I do not think Taylor 8 would have done anything to deliberately hurt Jessica Bates. Colt and Taylor had some fun 9 at Lakeview University, but they are really good people. 10 For me, membership in the ESE is something that I can point to on my resume after college. 11 I did not and do not care about the socials and all the other events. It is just a resume builder 12 for many of us. Taylor encouraged me to join ESE. I gave it considerable thought and 13 decided to join. I told Taylor up front that I was not going to do all the foolishness and junk 14 that they try to push off on the pledges. Taylor didn’t like it, but ultimately had no choice, 15 since it even says in the charter for ESE that being a member is only dependent upon 16 maintaining a certain GPA, and paying dues to the charitable funds account. They use those 17 funds to pay for supplies for the Habitat for Humanity projects and so forth. There are 18 several of us each year that join, but never do the activities or move into the house. The 19 pledge masters give people like me who don’t participate in the pledge activities a hard time, 20 but I was able to say no to it all. It doesn’t seem like everyone is as strong-willed as I am, 21 though. A lot of people give into their teasing and just participate to keep the pledge master 22 happy. 23 One of the forms that we all sign when we join ESE tells us that we don’t have to do any of 24 the games or pledge activities and that the activities are for building unity within ESE. I 25 remember Taylor telling me once that the pledge masters never looked at all of those forms 26 they make us sign, that they just went into a folder somewhere in the chapter house. Taylor 27 and Alex have not gotten along as long as I have known them. Alex thinks s/he is going to 28 save the world and that EVERYTHING we do has to be linked to that goal. Alex and Taylor 29 have fought before because the games and activities that Taylor organizes take up too much 30 of ESE’s time. On top of that, they worked together on the pledge class last year when Alex 31 was the pledge master. Taylor did not push the limits any further than Alex did last year. In 32 fact the two were always at each other’s throats about one thing or another. Some people just 33 cannot get along. Alex even said to Taylor at the last ESE mandatory meeting before pledge 34 week started that there was no way Taylor could top the pledge week of last year. I do not 35 know if Alex meant the number of pledges or the kind of activities for pledge week. 36 I also remember when Colt was the pledge master. I don’t think Taylor did anything beyond 37 what Colt did. In fact, I talked with Colt at Jessica’s funeral and he said that he thought this 38 was a tragic accident. He could not believe there were criminal charges. Colt had used the 39 Water Jeopardy game as a part of the Pledge Olympics, as well as both Alex and Taylor. 40 Someone did pass out during Colt’s term as pledge master. I do not remember during what 41 activity, but that was probably just from the stress of Pledge Week, or from the heat. 42


I was not around when Jessica died, but I had been in the basement earlier in the day on 43 August 27, 2016 watching the festivities. It is always funny to laugh at the pledges who take 44 everything so seriously, especially with Water Jeopardy. While I was there, Jessica was 45 being a clown and had to drink more water than the rest of the pledges. It seemed to me like 46 Jessica was purposefully trying to get the answers to the questions wrong so that she had to 47 drink more of the water. Right before I left, I heard Erin Kane tell Jessica to stop playing. 48 Taylor laughed it off and asked Jessica if she wanted to continue, and Jessica said she did. 49 After that, I left to go watch the school football game. 50 I talked to Taylor and others the next day about the Water Jeopardy game. Everyone said it 51 was the usual stuff being played during the game. Nothing that I heard was out of the 52 ordinary from the games that were usually played by ESE. I am sure there was some teasing 53 when Erin decided to stop playing the game, but she was clearly able to say “no” and stop 54 playing, and she still had the opportunity to become a full member of ESE. I think Taylor 55 was equally hard on all the pledges, not anyone in particular. If Jessica could see that other 56 people were quitting with no negative consequences, then there was no reason she could not 57 have quit too -- especially if she was not feeling well. Taylor told me Erin was saying she 58 heard drinking too much water could be bad, but Erin never told anyone why drinking too 59 much water was bad or how it was bad. I think like everyone else who was present thinks 60 Erin was probably just trying to find a way to get out of the game without looking like she 61 was a wimp. I later asked Erin what she meant by “bad,” and she told me that people could 62 die from drinking too much water. 63 Between the fact that other people were not doing the activities and still becoming members, 64 the medical waivers, and the papers that tell you that you do not have to participate, how can 65 you really believe what Taylor did was wrong? Jessica could have quit at any time, but she 66 always was a little irresponsible about her safety. When she was still in high school and 67 visited Colt on campus, she would try to attend parties where alcohol was being served. You 68 really had to watch out for Jessica to make sure she didn’t get into trouble or get hurt. 69 Alex will do anything to stay out of trouble and blame others for what was just an accident. I 70 think Alex is trying to throw Taylor under the bus with this whole hazing business. All Alex 71 cares about is staying out of trouble and getting rich after graduation. I think Alex would do 72 or say anything to keep a clean record and an impressive resume. In fact, in the past when 73 there was even the possibility that Alex could have gotten into trouble, Alex has threatened to 74 snitch on someone else to the police to save himself/herself any trouble. 75

Logan Schmidt STATE OF ILLINOIS, COUNTY OF LINCOLN Subscribed and sworn to, before me, the undersigned officer, by Logan Schmidt, on this 1 day of November of, 2016. Elizabeth Black Elizabeth Black, Notary Public My Commission Expires: 12/31/18


911 Phone Transcript (page 1 of 2) 08-27-2009 17:06 Dispatch: "Emergency 911. Is your emergency Police, Fire, or Medical?" Caller 1: “I'm at the ESE house at 313 Senate Street in Lincolnville. One of the

pledges has passed out. We need an ambulance in a hurry." Dispatch: “I need your name and location, please.” Caller 1: “My name is Alex Griffin.” Dispatch: "Can you confirm the address?" Caller 1: "It’s the ESE house on Senate Street. 313 Senate." Dispatch: “EMS (Emergency Medical Service) 4, Prepare to copy.” EMS 4: “EMS 4. Go ahead dispatch.” Dispatch: “Report of a person unconscious at 313 Senate Street, Lincolnville. No

further information available at this time. Your incident number is 46-108271611, and time of dispatch is 17:07.”

EMS 4: “EMS 4 copies. We are in route to 313 Senate Street for report of an

unconscious person. We have an ETA of ten minutes.” Dispatch: “Good copy.” Dispatch: “LUPD (Lakeview University Police Department) 33, prepare to copy.” LUPD 33: “LUPD 33. Go ahead dispatch.” Dispatch: “Report of a person unconscious at 313 Senate Street, Lincolnville. No

further information available at this time. EMS en route. Your incident number is 46-108271611, and time of dispatch is 17:08.”

LUPD 33: “LUPD 33 copies. En route to 313 Senate Street for report of person

unconscious. 33 also copies EMS en route. Time is 17:09.” Dispatch: “Good copy.” Dispatch: "I've dispatched police and EMS to 313 Senate Street, but it's a long street.

Do you know the nearest cross-street?" Caller 1: "We're near the intersection of North State Street. It's a big white two-story

house with columns. They can't miss it.”

Exhibit 1


EXHIBIT #1: 911 Phone Transcript (page 2 of 2) Dispatch: “OK, I just want you to stay on the line with me. We need to know what's going on." Caller 1: "OK." Dispatch: "Do you know the name of the individual who passed out?" Caller 1: "Yes, it's Jessica Bates." Dispatch: "Do you know whether Jessica has any medical conditions? Is she on any

medications?" Caller 1: "I don't know.” Dispatch: "Is Jessica conscious?" Caller 1: "No she’s not, but she’s breathing really shallow." EMS 4: “Dispatch, EMS 4.” Dispatch: “Go ahead EMS 4.” EMS 4: “EMS 4 on scene.” Dispatch: “Copy. EMS 4 on scene at 17:26.” LUPD 33: “Dispatch, LUPD 33.” Dispatch: “Go ahead LUPD 33.” LUPD 33: “LUPD 33 on scene.” Dispatch: “Copy. LUPD 33 on scene at 17:27.” Caller 1: "Thank goodness, EMS is here. Thank you. Thank you. I'm going now." – CALL

ENDS EMS 4: “Dispatch, EMS 4.” Dispatch: “Go ahead EMS 4.” EMS 4: “One unconscious female, respiratory distress. En route Lakeview University

Hospital cleared from 313 Senate Street.” Dispatch: “Copy. EMS 4 clear from 313 Senate Street at 17:34, en route to Lakeview

University Hospital with one unconscious female, respiratory distress.”


Lakeview University Hospital 5612 Congress Way Lincolnville, IL 60331 555-777-8898

PATIENT NAME: Jessica Bates DATE: 8/27/2016 BILLING ADDRESS: 1231 President Street, Logan City, IL 60995 TIME OF ARRIVAL: 17:50 CONTACT NUMBER: NA TIME OF TREATMENT: 17:51 INSURANCE COMPANY: Blue Cross Blue Shield of Illinois DATE OF BIRTH: 05/22/1997 INSURANCE PHONE NUMBER: 803-555-9615 POLICY NUMBER: IL 998405667-1 EMPLOYER: None/Student EMPLOYER NUMBER: N/A IF UNDER AGE OF 18, GUARDIAN NAME: N/A CONTACT NUMBER: N/A VITAL SIGNS: BLOOD PRESSURE 101/50 PULSE 68bpm AGE 19 years old WEIGHT 134lbs BLOOD TYPE: B+ CURRENT MEDICATIONS: None known at admission ALLERGIES: None known at admission PHYSICIAN OF RECORD: Dr. Chloe White NURSE ON DUTY: Amanda Adams, RN REASON FOR VISIT NOTED BY PATIENT: N/A – Patient arrived unconscious via Lincoln County EMS OBSERVATIONS MADE BY PHSICIAN: Patient arrived by Lincoln County EMS. Patient was in an unresponsive state with fixed pupils and labored breathing. TREATMENT PERFORMED: Administered steroid to allow for ease of breathing, Immediately following injection, patient’s heart stopped. Code alarm triggered, immediate resuscitation efforts began, Shot of Adrenaline injected, AED paddles charged and executed four times, RN Adams administered rebreathing bag for approximately 20 minutes. Following 20 minutes of unsuccessful life support, Time of Death was called and resuscitation efforts ceased. DIAGNOSIS: Acute respiratory arrest MEDICATIONS PRESCRIBED: Anabolic Steroid, Adrenaline ADMITTANCE DATE / TIME: 17:50 RELEASE DATE / TIME: Time of Death Notated at 18:40. Subsequent release to the Lincoln County Coroner’s Office. FOLLOW-UP NEEDED: N/A REFERRED TO: Lincoln County Coroner’s Office

Chloe White, M.D.

EMERGENCY ROOM REPORT

Exhibit 2


STANDARD CERTIFICATE OF DEATH STATE OF ILLINOIS

Bureau of Vital Statistics State Board of Health

File No – For State Registrar Only

IL-55513

1. Place of Death

County of Lincoln

Township of

or Registration District No. 46-055-89 Registered No.

City of Lincolnville (For use of Local Registrar) (If death occurred in a Hospital or institution give its NAME instead of street and Number.) (No. St.: (Ward)

Home Address: 1231 President Street, Lincoln City, IL 60995

Residence NA

2. FULL NAME Jessica Bates In City 19 Yrs 3 Mos 7 Days

PERSONAL AND STATISTICAL PARTICULARS MEDICAL CERTIFICATE OF DEATH

3. Sex

F 4. Color of Race

Caucasian 5. Single, Married, Widowed, or Divorced (write the word)

Single 21. DATE OF DEATH (month, day and year)

August 27, 2016 a. If married, widowed, or divorced HUSBAND or WIFE of

22. I HEREBY CERTIFY, That I attended deceased from 8/27/2016 to 8/27/2016. I last saw Jessica Bates alive on 8/27/2016,

death is said to have occurred on the date stated above, at 18:40.

The principal cause of death and related 6. DATE OF BIRTH (month, day, year) May 22, 1997

7. AGE 19 Years 3 Months 7 Days cause of importance in order of onset were as follows: Date of Onset

OCCU

PATI

ON

8. Trade, profession or particular kind of work done as spinner, lawyer, bookkeeper, etc.

Severe Respiratory Distress 8/27/2016

9. Industry or business in which work was done, as silk mill, saw mill, bank, etc. Unrecovered Cardiac Arrest 8/27/2016 10. Date deceased last worked at this occupation (month and year)

11. Total time (years) spent in this occupation Was this death due to pregnancy or to childbirth? If so, state which.

12. BIRTHPLACE (city and state) Lincoln City, Illinois Contributory causes of importance: Respiratory arrest

FATH

ER 13. NAME William Bates Name of operation Date

14. BIRTHPLACE ( city or town) Carterville, Illinois Was there an autopsy? Yes

MOTH

ER 15. NAME Lauren Bates 23. If death was due to external causes (violence) fill in the following:

16. BIRTHPLACE ( city or town) Lakeview, Wisconsin Accident, suicide, or homicide? Date of Injury Where did the injury occur? (Specify city or town and state) Specify whether injury occurred in industry, in home, or in public place Manner of Injury Nature of Injury

17. Information (Address)

18. BURIAL, CREMATION, OR REMOVAL Place Date 19. UNDERTAKER (Address)

24. Was disease or injury in any way related to occupation of deceased?

no If so, specify

(Signed) Chloe White M.D. Address 5612 Congress Way, Lincolnville, IL 60331

20. FILED 09/01/2016 Katie Kirchner (Registrar Signature)

Exhibit 3


STATE OF ILLINOIS ILLINOIS BUREAU OF INVESTIGATIONS DIVISION OF FORENSIC SCIENCES RECORD OF CORONER (Page 1 of 3)

City Lincoln City County Lincoln Case No. 2016-470152 Name of Deceased Jessica Bates Residence of Deceased 1231 President Street, Logan City, IL 60995 Age 19 years, 3 months, 7 days DOB 5/22/97 Race Caucasian Height/Weight 70” 131lbs, 5oz

MANNER OF DEATH ( ) Natural ( X ) Homicide ( ) Suicide ( ) Accident ( ) Undetermined ( ) Other

CAUSE OF DEATH

Swollen brain stem as a result of acute Hyponatremia LAST SEEN Date 8/27/2016 Hour n/a Place 313 Senate Street FOUND Date 8/27/2016 Hour 17:26 Place 313 Senate Street INJURY Set forth below. PRONOUNCED Date 8/27/2016 Hour 18:40 Place Dr. Chloe White NOTIFIED Date 8/28/2016 Hour 11:25 By Lt. Clarice Starling, LCSO

BODY IDENTIFIED BY ( X ) Fingerprints ( X ) State ID Card ( ) Photographs ( ) Family

AUTOPSY AUTHORIZED BY Coroner Martinez CORONER NOTIFIED Yes PRESENT AT AUTOPSY Officer Lisa Height, Lincoln University Police Dept.

SUSPECT(S)

MORGUE INFORMATION

NAME Lakeview University Hospital

Date Received 8/27/2009 Hour 19:05

BODY REMOVED FROM Lakeview University Hospital TRANSPORTED BY J.P. Dawson

PURPOSE ( X ) Autopsy ( ) Limited Dissection ( ) External Exam ( ) History Review PERFORMED BY Dr. Jamie Craig Date 8/29/2016 Hour 10:15

SIGNED Dr. Jamie Craig Date 8/29/16 APPROVED Dr. Diego Paige Date 8/29/16

Exhibit 4


Record of Coroner (page 2 of 3) In accordance with the Illinois Death Investigation Act, an autopsy is performed on the body of Jessica L. Bates at the Lincoln County Coroner’s Office, Illinois, on Monday, August 29, 2016, commencing at 10:15 hours. EXTERNAL, EXAMINATION: Body is that of an adult female, approximately 70" in height, and weighing 131 lbs. 5oz, consistent with the documented age of 19 years. Body is received wrapped in a black zippered disaster bag, and is identified by an attached name tag and clad in the following articles of clothing:

1. White shirt and tan colored shorts with multiple pockets were worn. ESE pin worn at the upper right of shirt. Gas station receipt and one container of Soft Lips lip gloss were located in the front right pocket. No other contents found.

2. Tan colored flip flops.

Body was refrigerated, and is cool to the touch. The blood from the body pooled evenly in the lower portions of the body as it presents on the examination table. Rigor mortis is fully fixed in the extremities and jaw.

Red scalp hair ranges to an estimated 14 inches. Irises are hazel. Equal pupils are .118 inch. Whites of the eyes do not show blood vessels indicative of strangulation. Ears and nose are without discharge. Mouth is in good condition. Lips, gums, and tongue are moist. Symmetric neck is mildly pinched but otherwise without note.

Chest is normal size and is without lesion. Upper chest area still has medical leads attached from resuscitation efforts at Lakeview University Hospital.

Hands have moderate length, irregular nails red in color, with minimal dirt underneath. Dorsal right forearm has multiple purple contusions extending from the dorsal hand to the forearm. A 1-‐inch group of blue ink lines is on the left outer hand. Bilateral shins lack significant edema. An indistinct 6-‐inch purple contusion is around the left knee and matching on the right knee. Skin of the bilateral shins, extending to the feet is without note. Additional superficial healed scars range to 1 inch. Varicose veins of both feet are prominent at the arches and insteps. Toenails are short to moderate in length, painted red, and minimally irregular. Pooling of blood in the upper back is prominent with multiple blotchy spots. Remaining extremities and back are without lesion.

EVIDENCE OF MEDICAL INTERVENTION: A single electrocardiographic lead is on the upper left chest. Injection site is visible where IV port is still present and in place on the inside of the right forearm. Marks from AED paddles are visible on the opposing chest sides in locations consistent with emergency cardiac resuscitation efforts. Intubation tube is still present in upper trachea extending out of the mouth. Patient identification is still present on left wrist.

EVIDENCE OF INJURY: A 1-‐inch group of abrasions is on the dorsal right elbow, indicative of a fall of intermediate height.

INTERNAL EXAMINATION: The following excludes the described injuries. Soft tissues and typically positioned internal organs lack unusual odor or color. Soft tissues and internal organs have mild breakdown of cells/tissue by self produced enzymes.

CAVITIES: The serosal cavities have usual smooth glistening tan-‐pink lining. Tissues around the heart have no fibrous adhesions and contain estimated 110 ml of fluid without clot. Remaining cavities are without excess fluid accumulation.

CARDIOVASCULAR: The 360-‐gram heart is smooth and glistening with mildly increased fat tissue. The valves, delicate cords, and papillary muscles are without note. The chambers of the heart that receive blood from the veins are acutely dilated.


Record of Coroner (page 3 of 3) LIVER / GALLBLADDER: The 2260-‐gram liver has a smooth glistening capsule. The pale yellow-‐brown tissue is soft and without discreet gross lesion. The liver is without note. The typically positioned gallbladder contains an estimated 15 ml of green sticky bile without stone; the duct is open and unobstructed. RESPIRATORY: The examination of neck musculature lacks blood or lesion. The intact typically minimally hyoid bone is situated between the base of the tongue and the larynx supporting the tongue, larynx and their muscles are without note. The typically branching tracheobronchial tree has a smooth glistening tan-‐pink mucosa without lesion. A moderate quantity of pink froth is within the lower bronchial tree. The typically formed 560-‐gram right and 530 gram left lung have smooth glistening membranes. Each is well aerated, deep purple red to pink parenchyma which issues a small quantity of pink froth but which otherwise has no discreet gross lesion. The pulmonary blood vessels are without note.

GASTROINTESTINAL: The typically formed tongue, esophagus, junction involving the stomach and the esophagus, and lining of the digestive tract are without note. The stomach contains an overabundance of water. The gastric tubular organ contains an estimated 550 ml of yellow-‐green thick opaque fluid and includes partially digested pizza. The small and large bowels are enlarged from excessive water presence but are without significant gross lesion.

GENITOURINARY: The 190-‐gram right and 210 gram left kidney have smooth red-‐brown outward appearances and distinct junctions. The pelvis contains no stone and drains freely to the unobstructed organs, which empty typically to the bladder. The urinary bladder contains an estimated 750 ml of clear pale to clear urine. The urinary bladder is markedly grossly enlarged.

NEUROLOGICAL: The 1420-‐gram brain has a distinct grey-‐white matter. The symmetric hemispheres are without gross lesion. The grey-‐white matter separation is distinguishable. The brainstem and the cerebellum located between the brain stem and the back of the cerebrum have significant swelling. Further detail notes excessive fluid in the area. At the brain stem area, excessive swelling noted. Likely nerve damage.

MUSCULOSKELETAL: The typically formed skeleton is without note. The intact vertebrae, ribs, pelvis and extremity long bones are without note.

OTHER PROCEDURES: 1. Documentary photographs obtained. 2. Blood, urine, bile, and other fluids submitted for toxicological analysis. 3. Blood submitted for blood analysis. 4. Head and body hair submitted. 5. Clothing submitted for chemical determination.

AUTOPSY FINDINGS: At the time of death, this was a healthy adult female, showing no natural cause of death or traumatic injury. Toxicological testing per report: no alcohol, nor narcotics – prescription.

OPINION: Based upon the medical science reports, as well as physical observation, this otherwise healthy 19-‐year-‐old female, Jessica L. Bates, died from an overdose of water resulting in an acute case of hyponatremia. The volume of water found in the decedent’s system was sufficient to alter the sodium serology balance, and would undoubtedly be lethal for someone of Bates’ height and weight. Based upon this information, a lethal overdose of water was neither accidental nor self-‐inflicted.

MANNER OF DEATH: Deceased died of acute hyponatremia through criminal intervention.


EMERGENCY MEDICAL/GENERAL RELEASE/WARNING EPSILON SIGMA EPSILON (ESE) CHI SI Chapter Name of Participant: Jessica Bates Phone: (803) 555-2600 Address: 1231 President Street, Lincoln City, IL 60995 Date of Birth: 5/22/1997 Name of Emergency Contact: Lauren Bates Phone : (803) 555-0102

1. I hereby certify that I am physically fit to participate in Epsilon Sigma Epsilon (ESE). JB I hereby consent to be said participant competing in events sponsored by ESE Fraternity and/or the Epsilon Sigma Epsilon Foundation. JB

2.

By signing this contract, I agree to abide by the rules and regulations of ESE and events. I understand that signing this contract releases from liability: ESE Fraternity, its chapters and the ESE Foundation. I understand that signing this contract releases from liability: ESE Fraternity’s and ESE Foundation’s members, employees, officers, agents, sponsors, judges, coaches and managers, in connection with any injury to or death of the above named participant. JB

WARNING: I am aware that playing or practicing to play/participate in any sport can be dangerous activity involving many risks of injury. I understand that the dangers and risks of playing or practicing to play/participate in the above mentioned event(s) include, but are not limited to, death, serious neck and spinal injuries which may result in complete or partial paralysis, injury to virtually all bones, joints, ligaments, muscles, tendons and other aspects of the skeletal system, and serious injury or impairment to other aspects of my body, general health and well being. I understand that the dangers of playing or practicing to play/participate in the above mentioned event may result not only in serious injury, but in serious impairment of my future abilities to earn a living, to engage in other business, social and recreational activities and generally enjoy my life. ACKNOWLEDGEMENT OF WARNING: I (student) Jessica Bates , hereby acknowledge that I have been properly advised, cautioned, and warned by the proper personnel of ESE Taylor Cartwright , that by participating in such event, I am exposing myself to the above described risks. Signature of Participant: Jessica Bates Date: 8/19/2016

Signature of Witness: Taylor Cartwright Date: 8/19/2016

Exhibit 5


GENERAL RELEASE OF ALL CLAIMS General Release made August 19, 2016 by Jessica Bates student of Lakeview University residing at 1231 President Street city of Lincoln City , county of Lincoln . In consideration of permission granted by me by ESE Fraternity to participate in ESE I, Jessica Bates , hereby release and discharge ESE Fraternity, its chapters and ESE Foundation, and their members, employees, officers, agents, sponsors, coaches, judges and managers, from all claims, demands, actions, judgments, and executions which the undersigned’s heirs, executors, administrators, or assigns may have or claim to have against ESE Fraternity, its chapters and ESE Foundation, their members, employees, officers, agents, sponsors, coaches, judges, and managers for all injuries or death to me, Jessica Bates , including personal injuries or death caused by negligence, or otherwise, known or unknown, and injuries to property, real or personal, caused by, or arising out of the above event(s). I, the undersigned, have read this general release and understand all of its terms. I execute it voluntarily and with full knowledge of its significance. In witness whereof, I have executed this general release the day and year set forth above written. MEDICAL HISTORY / IMPAIRMENTS: Please note any prior injuries or medical history which would preclude you from participating in ESE activities. None Signature of Participant: Jessica Bates Date: 8/19/2016

Signature of Witness: Taylor Cartwright Date: 8/19/2016

Exhibit 6


PLEDGE RULES FOR EPSILON SIGMA EPSILON CHI SI Chapter

Lakeview University 1. Pledges must wear their pledge pins at all times (this includes on pajamas, towel to and

from the shower, etc.). 2. Pledges must carry their pledge books at all times (this includes to and from the shower,

etc.). 3. Pledges must address ESE members as "Ms." and “Mr.”; a pledge may never address a

member by his or her first name. 4. All pledges will wear tan shorts and white shirts without logos or graphics on them during

pledge week. 5. Possession of cell phones by pledges during pledge week is prohibited. 6. Pledges are not allowed in any portion of the ESE House except the basement via a

basement entrance until full membership status is attained. 7. Members may initiate mandatory pop quizzes at any time. Pledges are expected to be

prepared for such quizzes and must receive a 100% score on all such quizzes. 8. Pledges must carry member’s backpacks to and from classes if they are in the same course

as the member. 9. Pledges must be available at any time to transport any member who calls upon them back

to the ESE chapter house or the member’s apartment/dorm. 10. Memorization of every song, local chapter affiliation, and the ESE constitution is required for

a pledge to gain full membership. 11. Pledges must prepare a pledge class song and skit and perform it on request whenever and

wherever requested. 12. Pledges must wear a pledge clothing item to all University sponsored athletics activities. Pledges who violate any of these rules may receive a demerit. All demerits must be atoned for before full initiation. Atonement for demerits may include any of the following at a member’s request: washing laundry, picking up meals at the Student Union, washing member’s cars, singing the ESE song during lunch in the Student Union, swimming through the reflecting pool at the library, or any other appropriately formulated task assigned by a full member. I, Jessica Bates, hereby certify that I have read the ESE Chi Si chapter rules. I agree to abide by these rules. I understand that if for any reason I feel unsafe or uncomfortable that I may choose not to participate in an ESE activity. Signature of Pledge: Jessica Bates Date: 8/19/2016

Signature of Pledge Master: Taylor Cartwright Date: 8/19/2016

Exhibit 7


Exhibit 8


Exhibit 9


Exhibit 10


Chris Young 1004 Blue Lane, Lincolnville, IL 60331

T: 630.555.1234 F: 630.555.7890 Email: [email protected]

Education University of Illinois Police Academy, Champaign, Illinois August 2003 -‐November 2003

v Completed 12 week, 480 hour, training course v Specialized Training: DUI Detection and Prevention, Trauma Victim Interviews,

Evidence Collection and Preservation v Certification Received: Taser Certification, Juvenile Specialist Certification, LEADS

certified Logan College, Lincoln City, Illinois August 1999 – May 2003

v Bachelor of Science, Criminal Justice & Military Studies v GPA: 3.45/4.0

Experience Lakeview University Police Department, Lincolnville, Illinois Sergeant (October 2011 -‐ Present), Patrol Officer (March 2009 – October 2011)

v Officer of the Year (December, 2011) v Additional Trainings: Active Shooter Crisis Response Training; Advanced Narcotic

Interdiction Training, Basic Instructor Development (BID); Hazing Prevention

Lincolnville Police Department, Lincolnville, Illinois Patrol Officer (November 2003-‐July 2007), Investigations Unit (August 2007-‐March 2009)

v Additional Trainings: Basic Narcotic Interdiction Training; Gang Identification Certifications

v Basic and Advanced School Resource Officer (SRO) Certification v Certified Field Training Officer

Exhibit 11


JURY INSTRUCTIONS 7.07 Definition Of Involuntary Manslaughter A person commits the offense of involuntary manslaughter when that person unintentionally causes the death of an individual by acts which are performed recklessly and are likely to cause death or great bodily harm to another. 7.08 Issues In Involuntary Manslaughter To sustain the charge of involuntary manslaughter, the State must prove the following propositions:

First Proposition: That the defendant performed the acts which caused the death of Jessica Bates; and

Second Proposition: That the defendant performed those acts recklessly; and

Third Proposition: That those acts were likely to cause death or great bodily harm. If you find from your consideration of all the evidence that each one of these propositions has been proved beyond a reasonable doubt, you should find the defendant guilty of involuntary manslaughter. If you find from your consideration of all the evidence that any one of these propositions has not been proved beyond a reasonable doubt, you should find the defendant not guilty. 11.101 Definition Of Hazing A person commits the offense of hazing when he knowingly requires a student or other person in a university of this State to perform any act for the purpose of induction or admission into an organization associated or connected with that institution and the act is not sanctioned nor authorized by that educational institution and the act results in death to any person. 11.102 Issues In Hazing To sustain the charge of hazing, the State must prove the following propositions:

First Proposition: That the defendant knowingly required a student or other person in a university of this State to perform an act; and

Second Proposition: That the act was for the purpose of induction or admission into an organization associated or connected with that educational institution; and

Third Proposition: That the act was not sanctioned nor authorized by that educational institution; and


Fourth Proposition: That the act resulted in death to a person. If you find from your consideration of all the evidence that each one of these propositions has been proved beyond a reasonable doubt, you should find the defendant guilty of involuntary manslaughter. If you find from your consideration of all the evidence that any one of these propositions has not been proved beyond a reasonable doubt, you should find the defendant not guilty.

1.02 Jury Is Sole Judge Of The Believability Of Witnesses

Only you are the judges of the believability of the witnesses and of the weight to be given to the testimony of each of them. In considering the testimony of any witness, you may take into account his ability and opportunity to observe, his age, his memory, his manner while testifying, any interest, bias, or prejudice he may have, and the reasonableness of his testimony considered in the light of all the evidence in the case. You should judge the testimony of the defendant in the same manner as you judge the testimony of any other witness. 2.01 The Charges Against The Defendant The defendant is charged with the offenses of Involuntary Manslaughter and Hazing. The defendant has pleaded not guilty. 2.04 Failure Of Defendant To Testify The fact that the defendant did not testify must not be considered by you in any way in arriving at your verdict. 2.03 Presumption of Innocence The defendant is presumed to be innocent of the charges against him/her. This presumption remains with him/her throughout every stage of the trial and during your deliberations on the verdict and is not overcome unless from all the evidence in the case you are convinced beyond a reasonable doubt that the defendant is guilty. The State has the burden of proving the guilt of the defendant beyond a reasonable doubt, and this burden remains on the State throughout the case. The defendant is not required to prove his/her innocence. 5.01 Recklessness--Wantonness A person acts recklessly when he consciously disregards a substantial and unjustifiable risk that circumstances exist or that a result will follow, and such disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation.


An act performed recklessly is performed wantonly.

5.01B Knowledge—Willfulness A person acts with knowledge of the nature or attendant circumstances of his conduct when he is consciously aware that his conduct is of such nature or that such circumstances exist. Knowledge of a material fact includes awareness of the substantial probability that such fact exists. A person acts with knowledge of the result of his conduct when he is consciously aware that such result is practically certain to be caused by his conduct. Conduct performed knowingly or with knowledge is performed willfully 5.01C Actual Knowledge Actual knowledge is direct and clear knowledge, that is, knowledge of such information as would lead a reasonable person to inquire further. 5.02 Negligence A person acts negligently when he fails to be aware of a substantial and unjustifiable risk that circumstances exist or that a result will follow, and his failure is a substantial deviation from the standard of care which a reasonable person would exercise in the situation.

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